On April 28, 2008, the Department received a petition from Freeport 860, LLC, for a waiver under Section 120.542, Florida Statutes, from the provisions of subsection 62-312.080(7), Florida Administrative Code, which restricts the Department when ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-312.080: Standards for Issuance or Denial of a Permit

NOTICE IS HEREBY GIVEN THAT on September 12, 2008, the Florida Department of Environmental Protection has issued an order.

On April 28, 2008, the Department received a petition from Freeport 860, LLC, for a waiver under Section 120.542, Florida Statutes, from the provisions of subsection 62-312.080(7), Florida Administrative Code, which restricts the Department when issuing a permit for dredging and filling in Class II or III waters approved for shellfish harvesting. Notice of receipt of this petition and a corrected notice of receipt were published in the Florida Administrative Weekly on May 16 and May 30, 2008. No public comment was received. The Department entered a final order (OGC File No. 08-0771) granting the petition for a waiver for construction of an eight slip multi-family dock, because the petitioner demonstrated that the purpose of the underlying statute to protect shellfish waters and public consumption of shellfish would be achieved by other means and that application of the rule would violate principles of fairness. This notice corrects the original notice of disposition published in the Florida Administrative Weekly on October 3, 2008 (Vol. 34, No. 40), which inadvertently left out the name of the petitioner.

A copy of the Order may be obtained by contacting: Susan Radford, Florida Department of Environmental Protection, Northwest District Office, 160 Governmental Center, Pensacola, Florida 32501, [phone], ext. 1133.